SB 573 — Relating generally to school calendars

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 573 By Senators Mann, Baldwin, and Boso [Introduced[Originating Februaryin 16,the 2018;Committee on Education;

ReferredReported on February 21, 2018]     A BILL to amend and reenact §18-5-45 of the CommitteeCode onof Education;West Virginia, 1931, as amended, relating generally to allowing, after the primary statewide assessment program is administered, county superintendents of schools to reduce the instructional term for students by up to five days.

and then to the Committee on Finance] A BILL to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating generally to school calendars;

providing that the instructional term for students begins on the Tuesday after Labor Day and ends the Friday before Memorial Day;

providing an exception;

permitting additional instructional minutes per day;

and eliminating reimagined days.

(B) InstructionInstructional maytime beis providedused in excess of the minutes set forth in paragraph (A) of this subdivision for useinstruction inand accomplishingcocurricular theactivities; total minutes required in a calendar school year pursuant to subsection (d) of this section.

(B)and (C) InstructionalOther timecriteria isas usedthe forstate instructionboard anddetermines cocurricularappropriate; activities;

and (C) (D) Other criteria as the state board determines appropriate.

(2) TheWithin instructional term for students shall begin the Tuesdayemployment afterterm, Laboran Dayinstructional andterm endfor thestudents Friday before Memorial Day of eachno calendarless schoolthan year: 180 Provided,separate That the instructional termdays, maywhich onlyincludes bean extendedinclement beyondweather theand Fridayemergencies beforeplan Memorialdesigned Dayto ifguarantee thean totalinstructional minutesterm requiredfor instudents aof calendarno schoolless yearthan have180 notseparate byinstructional thatdays, datesubject beento met:the following:

Provided, however, That nothing in this subdivision applies to any school operating on a balanced calendar as defined by state board policy.

(2) (3) Within the employment term, an instructional term for students of no less than 180 separate instructional days, which includes an inclement weather and emergencies plan designed to guarantee an instructional term for students of no less than one hundred eighty separate instructional days, subject to the following:

and (C) The use of equivalent time gained by lengthening the school day to cancel days lost, and the delivery of instruction through alternative methods, both as defined in this section, shall be considered instructional days for the purpose of meeting the 180 separate day requirement and as employment days for the purpose of meeting the day200-day employment term.

(3) (4) Within the employment term, noninstructional days shall total 20 and shall be comprised of the following:

(C) Six days to be designated by the county board to be used by the employees outside the school environment, with at least four outside the school environment days scheduled to occur after the 130thone hundred thirtieth instructional day of the school calendar;

Provided, That the school preparation days may be used for the purposes set forth in paragraph§18-5-45(c)(3)(E) (E) of this subdivisioncode at the teacher’s discretion;

and (vi) At least six two-hour blocks of time for faculty senate meetings with at least one two-hour block of time scheduled in the first month of the employment term, at least one two-hour block of time scheduled in the last month of the employment term and at least one two-hour block of time scheduled in each of the months of October, December, FebruaryFebruary, and April;

and (4) (5) Scheduled out-of-calendar days that are to be used for instructional days in the event school is canceled for any reason.

(e) If it is not possible to complete 180 separate instructional days with the current school calendar and the additional five days of instructional time gained by increasing the length of the instructional day as provided in subsection§18-5-45(c) (c) of this sectioncode are insufficient to offset the loss of separate instructional days, the county board shall schedule instruction on any available noninstructional day, regardless of the purpose for which the day originally was scheduled, or an out-of-calendar day and the day will be used for instruction of students:

and (4) The five days or equivalent portions of days planned within the school calendar exclusively for activities by educators at the school level to improve instruction that are gained by increasing the length of the instructional day as provided in subsection§18-5-45(c) (c) of this section.code.

(h) TheNotwithstanding followingany appliesother provision of this section to cocurricularthe activities:contrary, after the primary statewide assessment program is administered, the county superintendent may reduce the instructional day requirement by up to five days, and from that point forward during the instructional term:

(1) The instructional term shall be considered reduced for the purposes of this section;

(2) The noninstructional days shall be increased by the same number of days that the county superintendent reduces the instructional term;

and (3) The additional noninstructional days may be used for the purposes designated by the superintendent which may include, but are not limited to, the purposes set forth in §18-5-45(c)(3)(E) of this code.

(h) (i) The following applies to cocurricular activities:

(i) (j) Extracurricular activities may not be used for instructional time.

(j) (k) Noninstructional interruptions to the instructional day shall be minimized to allow the classroom teacher to teach.

(k) (l) Prior to implementing the school calendar, the county board shall secure approval of its proposed calendar from the state board or, if so designated by the state board, from the state superintendent.

(l) (m) In formulation of a school’s calendar, a county school board shall hold at least two public meetings that allow parents, teachers, teacher organizations, businessesbusinesses, and other interested parties within the county to discuss the school calendar.

The public notice of the date, timetime, and place of the public hearing must be published in a local newspaper of general circulation in the area as a Class II legal advertisement,advertisement in accordance with the provisions of §59-3-1 et seq.

(m) (n) The county board may contract with all or part of the personnel for a longer term of employment.

(n) (o) The minimum instructional term may be decreased by order of the state superintendent in any county declared a federal disaster area and in any county subject to an emergency or disaster declaration by the Governor when the event causing the declaration is substantially related to the loss of instructional days in the county.

(o) (p) Notwithstanding any provision of this code to the contrary, the state board may grant a waiver to a county board for its noncompliance with provisions of chapters 18, 18A, 18B18B, and 18C of this code to maintain compliance in reaching the mandatory 180 separate instructional days established in this section.

(p) Notwithstanding any provision of this code to the contrary, reimagined days are eliminated.

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The purpose of this bill is to provide that the instructional term for students begins on the Tuesday after Labor Day and ends the Friday before Memorial Day.

The bill provides an exception.

The bill permits additional instruction minutes per day.